THE HARMONIOUS RELATIONSHIP BETWEEN MINANGKABAU CUSTOM AND ISLAM IN THE DISTRIBUTION OF INHERITANCE

Authors

  • Executive Editor Al-Shajarah Al-Shajarah, ISTAC
  • Sidik Tono Universitas Islam Indonesia
  • M. Roem Syibly Universitas Islam Indonesia
  • Amir Mu’allim Universitas Islam Indonesia
  • Ahmad Nurozi Universitas Islam Indonesia
  • Muhammad Roy Purwanto Universitas Islam Indonesia

DOI:

https://doi.org/10.31436/shajarah.v0i0.931

Keywords:

Islamic inheritance law, Farā’iḍ, Minangkabau custom, Local custom

Abstract

This paper explores the relationship between Minangkabau custom and Islam in the distribution of inheritance. Minangkabau, one of the major tribes in Indonesia that embraces Islam, has unique and distinctive customs, one of which is the distribution of inheritance in its matrilineal family system. Islam adheres to a bilateral-parental system. The researchers conducted an in-depth study on the harmonious relationship between Minangkabau custom and Islam, with a focus on the distribution of inheritance. The study uses the
normative approach with a qualitative analysis. The findings indicate that in the beginning, Minangkabau customs and Islamic teachings had a striking paradoxical relationship. However, a harmonious path was found in which the distribution of inheritance in the matrilineal family system could be preserved without violating Islamic inheritance law. The path adopted divides family property into higher inheritance and lower inheritance, where customary law applies to the former, and Islamic law (farā’iḍ) applies to the latter which is
known as subsistence inheritance. Higher inheritance is called waqf or mussābalah assets, based on the principle of al-‘ādat al-muhākkamah wa al-‘urfu qaḍin” in Islamic law which means customs are both law and judge. This research contributes to a comprehensive study of the inheritance system adopted by the Minangkabau ethnic group and provides an understanding of the Minangkabau people. More importantly it shows how Islamic inheritance law can be adapted to accommodate the influence of customary law in resolving inheritance.

Downloads

Download data is not yet available.

Downloads

Published

2019-11-29

How to Cite

Al-Shajarah, Executive Editor, Sidik Tono, M. Roem Syibly, Amir Mu’allim, Ahmad Nurozi, and Muhammad Roy Purwanto. 2019. “THE HARMONIOUS RELATIONSHIP BETWEEN MINANGKABAU CUSTOM AND ISLAM IN THE DISTRIBUTION OF INHERITANCE”. Al-Shajarah: Journal of the International Institute of Islamic Thought and Civilization (ISTAC), November, 39-55. https://doi.org/10.31436/shajarah.v0i0.931.